2009 Breeding Contract - Pfeiffer Farms, Ocala Fl

The undersigned represents that he or she is the owner or authorized agent of the owner of the mare named herein. Persons acting as agents must file letters of authorization formed eh owner stating the agent is acting on the owners behalf and the owner will be responsible for all expenses incurred.  Failure to comply with this condition makes the undersigned personally liable for all obligations fo the owner hereunder.

This contract relates to the mare specifically named and the described above, which description the undersigned certifies to be true and complete.  The contract is valid only to the mare and the owner named and may not be transferred without the express written consent of Pfeiffer Farms, LLC.  The undersigned agrees not to breed the mares named to any other stallion during the breeding season  without Pfeiffer Farms consent and that Pfeiffer Farms shall only issue one (1) mating certificate per mare to register one (1) live foal per year.  Pfeiffer Farm reserves the right to refuse any mare it deems unfit for breeding.  The undersigned agrees to allow notice of this booking to the public via the internet.

Neither Pfeiffer Farm nor its officers, directors, stockholders, agents, or employees shall be liable for any injury, disability, or death suffered by any horse, mare, or her offspring, from any cause whatsoever, while in the care, custody, or control of Pfeiffer Farm, and the undersigned agent specifically agrees to this condition and hereby waives and releases all and every claim for resulting from such injury, disability or death,

The undersigned acknowledges and agrees that in the event semen is transported off the premises of Pfeiffer Farm for insemination hereunder, Pfeiffer Farm shall not be responsible for any errors or injury resulting from the insemination of the above referenced mare.  Pfeiffer Farm will make every effort to ship optimum semen but cannot guarantee quantity or quality of sperm due to varying demand.  Semen handling fees are due at time of service (see attached semen collection agreement).

If a mare fails to produce a live foal and the service fee has been paid, the service fee will be refunded provided that a claim therefore is made in writing, accompanied by Vet and Mating certificate, not later than thirty days after the mare was due to foal and, provided that all other charges due to Pfeiffer Farm have been paid.  There shall be no return privilege.  Service fees will be refunded in the event of a slip only if the mare has had and least 2 vaccinations during pregnancy for Equine Rhino pneumonitis (contagious abortion).  A Vet’s statement setting forth the date of such vaccinations must accompany the claim for refund unless the vaccination was given by Pfeiffer Farm.

The service fee is due and payable when the mare has a foal that can stand and nurse( live foal), or when the mare changes ownership, whichever occurs first. However, Pfeiffer Farm, at its opinion, may require the service fee to be paid before the mare leaves the farm or immediately upon demand if Pfeiffer Farm determines that timely payment may be in jeopardy.  Pfeiffer Farms shall presume the birth of a live foal one calendar year after breeding unless owner proves that no live foal was boarn.  All charges, including taxes, vet fees, blacksmiths, and board, which will accrue at Pfeiffer Farm or it transient farms, must be settled before the mare is removed form the farm(s). Terms are net 30 days.  If full payment is not receive within thirty (30) days from the date of invoice, a late payment penalty will be imposed in the amount of 1 ½ % per month compounded monthly.

All costs and expenses incurred in connection with the collection of any amounts due hereunder, shall be borne by the undersigned, All bookings are subject to the conditions of the Stallion Syndicate Agreement.  Pfeiffer Farm shall not issue any  mating certificates until all charges due to Pfeiffer Farm have been paid in full.

The undersigned agrees that service of any notice, process or pleading in any action or proceeding arising out of or in conn with this booking contract is properly made and shall confer personal jurisdiction if mailed to the undersigned at the address set forth above by certified mail, postage prepaid, return receipt requested , or by overnight courier: the undersigned hereby consents that any action or proceeding against it may be commenced and maintained in Marion County within the State of Florida by service of process as set forth above: and the undersigned agrees the courts of the State of Florida shall have and venue is proper with respect to the subject matter hereof and the person of owner and the undersigned.  Notwithstanding any of the foregoing, Pfeiffer Farm, in its discretion, may also initiate proceedings in the courts of any other jurisdiction in which owner or the undersigned may be found or in which any of the owner or undersigned properties may be located.

The undersigned and Pfeiffer Farm agree that this contract was formed in the State of Florida.
This booking contract shall also constitute a security agreement.  Owner hereby grants to Pfeiffer Farm a lien and security interest in and to the above-named mare and any offspring of the mare arising out of this contract.  Pfeiffer Farm shall have all the rights and remedies of a secured party under the Florida Uniform Commercial Code, including, but not limited to, the right to sell collateral in satisfaction of its lien.
The undersigned hereby appoints Pfeiffer Farm as its attorney-in-fact to do all acts and things on behalf of owner that Pfeiffer Farm may deem necessary or desirable to effectuate Pfeiffer Farms rights under this agreement including without limitation the filing of financing statements to perfect the security interest granted hereby and execution of documents required by the USTA or any other entity to register, sell or transfer to Pfeiffer Farm or any designee thereof any horse upon which Pfeiffer Farm has a lien hereunder.

IN THE EVENT OF DEFAULT HEREUNDER ,OWNER AND THE UNDERSIGNED HEREBY AUTHORIZE AND EMPOWER ANY ATTORNEY OF ANY COURT OF RECORD IN THE STATE OF FLORIDA OR ELSEWHERE, AS ATTORNEY FOR OWNER AND THE UNDERSIGNED TO APPEAR FO R AND CONFESS JUDGEMENT AGAINST OWNER OR THE UNDERSIGNED IN FAVOR OF PFEIFFER FARM AT PFEIFFER FARMS SOLE DISCRETION FOR RECOVERY BY PFEIFFER FARMS OF POSSESSION OF THE MARE OR FOAL OR FOR THE AMOUNT DUE UNDER THIS CONTRACT, AND REASONABLE ATTORNEY’S FEES, WHICH TERM SHALL MEAN THE GREATER OF ACTUAL ATTORNEY’S FEES, $2500.00, OR TEN PERCENT (10%) OF THE AMOUNT OWED BY ME, FOR WHICH THIS CONTRACT, OR A COPY HEREOF VERIFIED BY AFFIDAVIT, SHALL BE A SUFFICIENT WARRANT. OWNER AND THE UNDERSIGNED HEREBY CERTIFY THAT THIS CONTRACT IS MADE FOR BUSINESS, NOT PERSONAL, FAMILY OR HOUSEHOLD REASONS.

The undersigned has read the foregoing, acknowledges that he or she has had an opportunity to discuss the provisions thereof with legal advisors, and by signing this document signifies the intent to be legally bound thereby and to legally bind the principals, if any, that he or she represents.

Semen Collection and Transport Contract                                              Pfeiffer Farm

Mare Name:_____________________________________Owner or Agent: __________________________________

Pfeiffer Farms will operate strictly as a stallion station. No mares will be boarded at this farm. However, we do have a neighboring farm that does an excellent job of foaling-out and breeding you mares. Please call us for that information.

Our breeding season will open February 18,  - July 5.  Stallions will be collected Mon-Wed-Fri-Sat.  All semen will have a collection charge as follows:

FOR ALL COLLECTIONS CALL THE FARM AT 352-369-5969/586-524-7457 BEFORE 11:00 AM   E.S.T. ON BREEDING DAYS. IF AT ALL POSSIBLE PLEASE ORDER SEMEN THE DAY BEFORE COLLECTION IS NEEDED.

Semen Pickup
All semen collected for pick up will be charged 95.00 (per collection). Payable at the time of order. A suitable container should be brought when the semen is picked up or one  will be provided by us at the owners expense.

Overnight Semen will be charged 95.00 plus the cost of the container. Payable at the time of order.
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A valid debit or credit card must be provided prior to collection ;                                                                                                 

Visa or MC#______________________________________ Exp Date:_______________________3 digit code on back________

Name and Address on Card:_____________________________________________________________________

Transport Container Fee:                                              35.00

Containers are  non-refundable.. Once purchased,  the container becomes the property of the mare owner or agent.  If any owner or agent has his/her own semen shipping container and wishes to use it , the container fee will be  waived provided the owners container is in good condition and shipped prior to ordering semen,  and the owner clearly states both their name and the mares name on the outside of the container and the container has Ice packs (in like-new condition). If Pfeiffer Farms does not receive the container prior to collection, a new container will used and the mare owner/agent will be billed 35.00 to the above debit or credit card .

Note: Semen collected for a neighboring  farm  will be charged the above collection fee, but will not be charged a container fee, as a house container will be used and returned to Pfeiffer Farms.

Overnight mail/ air freight/ Fed-Ex/UPS charges are the sole responsibility of the mare owner/agent and semen will only be shipped if this number is provided

Please state Fed Ex, or UPS.#_________________________ Name on Acct:_____________________________________                                                           
I hereby authorize Pfeiffer Farms to use the above Debit or Credit Card to pay for the Semen Collection Fee and the Semen Container Fee (listed above)  each time I order semen .

____________________________________________________                                  _______________________
Debit or Credit Card Holders Signature                                                                                  Date Signed

____________________________________________________                                  _______________________   
Mare Owner or Agents Signature                                                                                          Date Signed

Pfeiffer Farms, LLC
9475 S Magnolia Ave
Ocala, FL 34476
Phone/Fax 352-369-5969
Breeding Mgr. 586-524-7457